These Sales- and Delivery terms are valid for any agreement with LTI Danmark P/S (in the following mentioned as seller) and buyer, provided that the parties have made no other written agreement.
Offer from seller is valid for 2 weeks from the date issued, unless other terms are included in the offer. Prices in foreign currency are given with reservations for alterations.
Only orders with a written confirmation from seller are valid, and only according to the terms included in the order confirmation.
Buyer’s indications of special conditions in the contract documents or orders are not considered as deviation of the following conditions unless written approval from seller.
Confirmations where buyer does not make immediate objections – at the latest 5 days from date emerging on order confirmation – are assumed approved and given terms will therefore be valid for the purchase.
Cancelation or changing of an order can is only valid with a written confirmation from seller.
Unless any other agreement emerges from the order confirmation, deliveries will be made according to INCO-terms EXW, on buyer’s advice.
Order confirmation is provided with a delivery date, determined from seller’s best estimate and planning. Delays occurred due to changes in the order or other conditions; beyond seller’s control, does not justify annulment of order or compensation.
Receipt of goods:
If goods, delivered according to agreement, are not accepted by recipient, seller reserves the right to invoice the total quantity. Payment is according to the payment terms, emerging from order confirmation.
However, regardless of invoicing, goods are considered sellers property, until delivery or payment has been made.
From invoice date, goods are considered buyers property and any risk or costs lies solely on buyer. Seller will arrange insurance, if specifically required by buyer. All costs related to such insurance lies with buyer.
If there is transport damage, this must be noted on the receptions papers before signing. Buyer keeps a copy which must be send to seller by e-mail right away preferably with pictures taken before and after unloading.
Unless other emerges from order confirmation, seller will deliver in a quality as quoted in our current “Recommended Quality description” However deviations may occur in the use and assortment of a natural product as wood.
Seller can not be held responsible for bacterial attacks which can result in an uneven surface by various surface treatments.
If buyer wants to make claim on deliveries, these must be made in writing and no later than 8 days after receiving the goods. If no such claim has been received, seller will consider the delivery to be according to agreement.
The right to make claims will be repelled if any kind of processing has been made on the goods or if the goods have not been stored according to prescription.
For processed and special dried goods applies that these must be protected from direct exposure to sunlight and stored at relative moisture of app. 55%
Payment after the date issued on the invoice will be imposed with default interest of 1% pro month from invoice date. Seller can at any given time change this rate.
Buyer is not entitled to withhold payments or set-off for alleged claims, which have not been approved by seller in writing. In that case all buyer’s remedies will lapse.
Seller is only responsible for personal damage if it is proven that the injury is due to neglect or fault made by the seller or any other person under seller’s responsibility and only if this neglect or fault is caused to gross negligence.
Seller is not responsible for damage to real-estate or properties, hereunder also products processed from buyer wherein the goods form a part of.
Seller can not be held responsible for operating loss, loss of earnings or any kind of indirect loss.
Seller’s responsibility for deliveries already made is in any way limited to a cost equal to the costs of the delivery. This limitation is not current by damage of persons.
In the event that the seller will be held responsible for product liability to a third-party, buyer is obliged to indemnify seller in the same way as sellers responsibility is limited in the above mentioned.
If third-party makes claims on product liability against one of these parties according to this, the party that receives the claim is obligated to inform the other party of the claim being made.
Buyer is obligated to allow lawsuits by the same court that trial the claim for compensation against seller regarding the delivered goods.
All orders are received with the usual proviso for export or import prohibitions, war, strike, lock-out or any other kind of Force-majeure which makes deliveries impossible or affects that seller can not fulfill his obligations.
Disputes or venues:
If controversies regarding deliveries or payments occurred, and these can not be settled amicably, the decision must be made by a court of law in Denmark according to Danish legislation by seller’s venue.